Resolution-PC 2014-101RESOLUTION NO. PC2014 -101
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING TENTATIVE PARCEL MAP 2012 -148 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2011- 0011OA)
(200 -282 NORTH LEMON STREET, 107 -127 WEST LINCOLN AVENUE AND
120 WEST CYPRESS STREET)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to
as the "Planning Commission ") did receive a verified petition for Tentative Parcel Map No. 2012-
148 to consolidate six parcels into one parcel (herein referred to as the "Parcel Map ") for certain
real property located at 200 -282 North Lemon Street, 107 -127 West Lincoln Avenue and 120
West Cypress Street in the City of Anaheim, County of Orange, State of California, as generally
depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the
"Property "); and
WHEREAS, the Property, consisting of approximately 4.29 acres, is developed with a
vacant building and a parking lot. The Anaheim General Plan designates the Property for Mixed
Use land uses. The Property is located within the General Commercial (C -G) and Mixed -Use
(MU) Overlay Zones. As such, the Property is subject to the zoning and development standards
described in Chapter 18.08 (General Commercial Zone) and Chapter 18.32 (Mixed Use Overlay
Zone) of the Anaheim Municipal Code (the "Code "); and
WHEREAS, by the adoption of its Resolution No. PC2014 -034 on April 21, 2014,
the Planning Commission adopted a Mitigated Negative Declaration ( "MND ") and a Mitigation
Monitoring Program ( "MMP ") in connection with its approval of Conditional Use Permit No.
2012 -05597 and Reclassification No. 2012 -00248 for a mixed -use project proposed for
development on the Property consisting of 220 apartments and 18,000 square feet of commercial
retail uses (the "Project "). The MND and the MMP shall be referred to herein collectively as the
"Previously- approved MND "; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 17, 2014 at 5:00 p.m., notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against the proposed Parcel
Map, and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, based upon a review of the Parcel Map and consideration of the
information contained in the Previously - approved MND, the Planning Commission hereby finds
and determines that, in accordance with the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA ") and Title 14 of the
California Code of Regulations (herein referred to as the "CEQA Guidelines "), (i) the
Previously- approved MND serves as the appropriate environmental documentation for the
proposed Parcel Map and satisfies all of the requirements of CEQA; (ii) none of the conditions
described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent
negative declaration or environmental impact report have occurred in connection with the
proposed Parcel Map; and (iii) no further environmental documentation needs to be prepared
under CEQA for the proposed Parcel Map; and
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WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing with respect to the request for Tentative Parcel Map No. 2012 -148, does find and
determine the following facts:
1. The proposed subdivision, including its design and improvements, is consistent
with the Mixed Use land use designation in the Anaheim General Plan and, the zoning and
development standards of the "C -G" General Commercial and "Mixed -Use Overlay" zones
contained in Chapter 18.08 (General Commercial Zone) and Chapter 18.32 (Mixed Use Overlay
Zone) of the Code; and
2. The site is physically suitable for the type and density of the Parcel Map in
conformance with the development standards of the "C -G" General Commercial and "Mixed -
Use Overlay" zones; and
3. The design of the subdivision is not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive
environmental habitat has been identified in the vicinity; and
4. The design of the subdivision or the type of improvements is not likely to cause
serious public health problems, as it is anticipated that the existing commercial building will be
demolished and replaced with multiple family residential buildings in conformance with the
development standards of the "C -G" General Commercial and "Mixed -Use Overlay" zones; and
5. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within the
proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Tentative Parcel Map No. 2012 -148, contingent upon and subject to the conditions of
approval described in Exhibit B attached hereto and incorporated herein by this reference, which
are hereby found to be a necessary prerequisite to the proposed use of the Property in order to
preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to complete conditions of approval may be granted in accordance
with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be
amended by the Planning Director upon a showing of good cause provided (i) equivalent timing
is established that satisfies the original intent and purpose of the condition(s), (ii) the
modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
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BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of November 17, 2014. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolutigp* the event of an appeal.
FT HE CITY OF ANAHdM M MISSION
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on November 17, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 17 day of November, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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Please note the accuracy is +i- two to five feet-
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EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2012-148
(DEV2011- 00110A)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO RECORDATION OF PARCEL MAP
1
The Developer /Property owner shall acquire in fee (or as approved
Public Works,
by City Engineer) from the legal owner that portion of land that is in
Development Services
excess outside of the ultimate street right -of -way for Lincoln Avenue
and Anaheim Boulevard for the entire frontage of the project along
these streets. The legal owner shall dedicate to the City of Anaheim
ultimate right -of -way easements fifty five (55) feet in width for road,
public utilities and other public purposes along Lincoln Avenue and
Anaheim Boulevard for the entire frontage of the project along these
streets.
2
The legal property owner shall irrevocably offer to dedicate to the City
Public Works,
of Anaheim an easement for street, public utility and other public
Development Services
purposes for the widening of Cypress Street and Lemon Street to their
ultimate right -of -way width of 30 feet and 28.75 feet from the street
centerlines, respectively.
3
A maintenance covenant shall be submitted to the Subdivision Section
Public Works,
and approved by the City Attorney's office. The covenant shall include
Development Services
provisions for maintenance of private facilities, including compliance
with approved Water Quality Management Plan, and a maintenance
exhibit. Maintenance responsibilities shall include parkway
landscaping and irrigation on Anaheim Blvd, Lincoln Avenue, Lemon
Street and Cypress Street. The covenant shall be recorded concurrently
with the final map.
4
Street improvement plans shall be submitted for all required public
Public Works,
works improvements; including traffic signal and related
Development Services
improvements, striping, storm drain, sewer, landscape and irrigation
improvements, in Lincoln Avenue, Lemon Street, Anaheim Blvd and
Cypress Street to the Public Works Department/Development
Services. A bond shall be posted in an amount approved by the City
Engineer and in a form approved by the City Attorney prior to final
map approval. The improvements shall be constructed prior to final
building and zoning inspections.
5
The property owner shall execute a Subdivision Agreement, in a form
Public Works,
approved by the City Attorney, to complete the required public
Development Services
improvements at the legal property owner's expense. Said agreement
shall be submitted to the Public Works Department, Subdivision
Section approved by the City Attorney and City Engineer.
6
All parcels shall be assigned street addresses by the Building Division.
Public Works,
Development Services
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
7
All existing structures shall be demolished. The developer shall obtain
Public Works,
a demolition permit from the Building Division.
Development Services
GENERAL
8
The Parcel Map shall be submitted to and approved by the City of
Planning Department,
Anaheim and the Orange County Surveyor and then shall be filed in
Planning Services
the Office of the Orange County Recorder.
Division
9
The subject Property shall be developed substantially in
Planning Department,
accordance with plans and specifications submitted to the City of
Planning Services
Anaheim by the petitioner and which plans are on file with the
Division
Planning Department, and as conditioned herein.
10
The Applicant shall defend indemnify, fy, and hold harmless the
Planning Department,
City and its officials, officers, employees and agents (collectively
Planning Services
referred to individually and collectively as "Indemnitees ") from
Division
any and all claims, actions or proceedings brought against
Indemnitees to attack, review, set aside, void, or annul the
decision of the Indemnitees concerning this permit or any of the
proceedings, acts or determinations taken, done, or made prior to
the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to,
damages, fees and /or costs awarded against or incurred by
Indemnitees and costs of suit, claim or litigation, including
without limitation attorneys' fees and other costs, liabilities and
expenses incurred by Indemnitees in connection with such
proceeding.
11
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of
Planning Services
the issuance of the final invoice or prior to the issuance of building
Division
permits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
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